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U.S. FEDERAL LEGAL SUMMARY

Mitragyna speciosa

REGULATED

No

STATUS

Not Approved ForHuman Consumption

SCHEDULE

Not Scheduled

Kratom (Mitragyna speciosa) is uncontrolled in the United States. This means all parts of the plant and its extracts are legal to cultivate, buy, possess, and distribute (sell, trade or give) without a license or prescription. If sold as a supplement, sales must conform to U.S. supplement laws. If sold for consumption as a food or drug, sales are regulated by the FDA.

In Feburary 2014, the FDA issued "Import Alert 54-15" that seems to provide customs and border agents broad authority to seize kratom products from a number of suppliers outside the US. As of May 2014, it is unknown whether this import alert has substantially altered the import of raw kratom or if only some specific products can no longer be imported as completed products. See http://www.accessdata.fda.gov/cms_ia/importalert_1137.html

One visitor reports that they had kratom seized by customs when shipped from outside the United States to their home in the US. (unconfirmed) (last updated Jun 23 2013)

Arkansas listed the chemicals Mirtagynine and 7-hydroxymitragynine under Schedule I in October 2015 (though the controlled substances list available on the state site has typo referring to Oct 2016), confusedly listed under "opium derivatives". The plant kratom is not explicitly mentioned. It is possible that the living plant and likely that dried kratom would be considered illegal containers of these chemicals. See Arkansas List of Controlled Substances, Oct 22, 2015, and related Arkansas Times article, May 2016. (thanks D) (last updated Aug 8 2016)

Indiana banned the chemicals Mirtagynine and 7-hydroxymitragynine in 2012, but the legal definition does not explicitly include the raw plant kratom. It is possible that the living plant and likely that dried kratom could be considered illegal containers of these chemicals. See http://www.in.gov/legislative/bills/2012/HE/HE1196.1.html. Some vendors are choosing not to ship kratom to Indiana and consider this a ban of the plant material as well. (thanks k) (last updated Apr 25, 2013)

Tennessee made the chemicals mitragynine and hydroxymitragynine Schedule I, making them illegal to possess. The law does not specify whether the plant Kratom is illegal, putting the plant in a legal gray area. Once extracted and prepared for human consumption, plant extracts are likely illegal in TN. "Tennesse Code Annotated, Section 39-17-452(a)(2) is amened by adding the following language as new, appropriately designated subdivisions: Mitragynine and hydroxymitragynine." See TN Code 39-17-452(a)(2). (thanks gf, jj) (last updated Oct 27, 2013)

Wisconsin classified mitragynine and 7-hydroxymitragynine as a Schedule I Controlled Substances, making them illegal to possess, sell, or distribute without a license. We have not seen a clear ban of the plant itself. See https://docs.legis.wisconsin.gov/2013/related/acts/351#. (thanks ds) (last updated Dec 14 2015)

Neither kratom (Mitragyna speciosa) nor mitragynine are included in the official list of controlled plants and drugs and are thus uncontrolled in Brazil. Leaves and extracts are sold by online vendors in Brazil and imported into Brazil. (unconfirmed) (thanks T) (last updated Jan 23 2010)

Kratom is not listed in the BtMG, but is reportedly controlled as an unapproved pharmaceutical drug as of 2011, making it illegal to buy, sell, or import with penalties including fines and jail time. Previously, Kratom was sold by German vendors and personal imports were unregulated. (unconfirmed) (thanks rb) (last updated Jun 30 2011)

It is reported that Indonesia has banned kratom for export, but we believe that it is not illegal inside Indonesia. In 2013, one visitor reports that a vendor in Indonesia shipped them kratom into the US without any problem. Previously, another visitor tolds us that a "very reputable vendor" informed them that Indonesia has officially stopped exports of Kratom to the United States. (unconfirmed) (thanks s, t) (last updated Oct 21 2016)

Kratom is controlled in Ireland and is not sold in shops or from online stores. Ireland controlled the chemicals in Kratom and "any product whether natural or otherwise, including any plant or plant material" (thus the Kratom plant) in 2011. See http://www.irishstatutebook.ie/2011/en/si/0552.html "Methyl 2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12b-octahy-droindolo[2,3a]quinolizin-2-yl]-3-methoxyprop-2-enoate (otherwise known as Mitragynine) and any product whether natural or otherwise, including any plant or plant material of any kind or description, which contains any proportion of the said substance." (thanks J) (last updated Sep 25 2014)

One Erowid visitor describes that they live in Macau and have repeated Kratom many times with Mitragyna listed on the customs content label and they believe it to be uncontrolled in Macau. (unconfirmed) (thanks DJ) (last updated Jul 21 2013)

Kratom (mitragyna speciosa) is listed in Schedule 1 of the Medicines Amendment Regulations 2009 (SR 2009/212), the list of "prescription, restricted, and pharmacy-only medicines", along with antibiotics and many other prescription drugs. It is not legal to sell Kratom without a license, though is probably not illegal to possess. Until 2009, Kratom was available and sold in some shops inside New Zealand. (thanks HP) (last updated jan 21 2010)

Romania banned Salvia divinorum, Amanita muscaria, and kratom as of February 2010. Previously they were legal to sell, buy, and possess and were available in smartshops." See Balkan Insight Feb 10, 2010 (thanks DN) (last updated feb 28 2010)

Kratom is not controlled or illegal in Sweden. See SNPF.org. SNPF.org states that kratom is an herbal drug used as a substitute for opiates and that it is classified in Thailand, but not in Sweden. (thanks O) (last updated Jan 22 2010)

A visitor reports that Kratom is illegal in South Korea and, when they ordered Kratom from a foreign supplier, customs officials showed up and they were forced to attend 16 weekends of drug rehab to avoid jail time. (unconfirmed) (thanks K) (last updated Sep 19 2009)

Kratom is classified as Narcotic Level 5 in Thailand. This means it is illegal to buy, sell, import, or possess. Exceptions are made with permission from Minister of Public Health in accordance with approval from Office of the Narcotics Control Board.

Kratom leaf, powder, and extract are sold at headshops in the UK, and the plant is not listed in the Controlled Substances Act. It is expected that the Home Office will ban Kratom in 2016. (last updated Mar 17, 2016)

If you have information about the legal status of this substance in any other country, please let us know.

Erowid legal information is a summary of data gathered from site visitors, government documents, websites, and other resources. We are not lawyers and can not guarantee the accuracy of the information provided here. We do our best to keep this information correct and up-to-date, but laws are complex and constantly changing. Laws may also vary from one jurisdiction to another (county, state, country, etc)...this list is not comprehensive.